Riddle v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 88 Kan. 248
• 128 P. 195
• 1912 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Watercourse—Obstruction by Railroad Bridge—Floods. A railroad company in carrying its railroad over a watercourse and the approaches thereto must provide sufficient outlets not only for the ordinary flow of water but also for the escape of water in times of floods which may reasonably be expected to occur.</p> <p>2. - Same. Provision need not be made for unprecedented floods which could not reasonably have been foreseen, but whatever the term by which a flood may be designated, if such floods have occurred frequently at irregular intervals it is reasonable to expect that they will occur again, and those who place obstructions in the watercourse should provide for the escape of such flood water.</p> <p>3. - Same. If from the history of the stream and the knowledge and experience of those who first constructed a railroad and the embankments on which it rested the outlets and openings first made for the escape of water then appeared to be sufficient, it would still not relieve the company from liability for injuries arising from a later flood when floods of a like character have occurred from time to time through a series of years since the construction of the road and it has been demonstrated that such floods may reasonably be expected.</p> <p>4. -Same. Water which overflows the banks of a river and then flows down a natural depression in the same general direction as the river runs and which returns to the river upon the subsidence of the flood is to be deemed a part of the running stream. ,</p> <p>5. Evidence—Sufficient to Show Obstruction. The testimony examined, and held to be sufficient to support the finding that the water which caused the injury and loss was thrown and held upon appellees’ lands through the failure of appellant to provide suitable and sufficient outlets through the embankments upon which its railroad rested for the escape of flood water arising from heavy rainfalls which should have been anticipated and provi